Vakil Singh vs The State Of Bihar
2021 Latest Caselaw 142 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.32240 of 2020
     Arising Out of PS. Case No.-7 Year-2020 Thana- KHUDWA District- Aurangabad
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Vakil Singh, aged about 37 years (Male), Son of Late Keshlal Singh, Resident of Village- Tetarahar, P.S.- Baden O.P. (Navinagar), District- Aurangabad.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :       Mr. Bachan Jee Ojha, Advocate
For the State           :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15-01-2021

Heard Mr. Bachan Jee Ojha, learned counsel for the

petitioner and Mr. Md. Arif, learned Incharge Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Khudawan PS Case No. 7 of 2020 dated 20.02.2020, instituted

under Sections 302/34 of the Indian Penal Code.

3. The allegation against the petitioner and two others is

that they had killed the son of the informant by drowning him.

4. Learned counsel for the petitioner submitted that he

has been falsely implicated in the present case, which occurred

only as an accident, due to the reason that he is the brother of

the wife of the elder brother of the informant, who was killed in

the year 2018 and for which, the informant and his family Patna High Court CR. MISC. No.32240 of 2020 dt.15-01-2021

members are accused. It was submitted that the petitioner lives

in another village eighty kilometers away from the village of the

informant and in the FIR itself it has been stated that the son of

the informant, that is, the deceased, had gone to a water fall and

then his body was found in the water and in the post-mortem

report it has been opined that death occurred due to drowning

and further that no external injury has been found. Learned

counsel submitted that there was neither any witness nor

anything incriminating has come against the petitioner and it is a

simple case of accident where the deceased had died due to

drowning and only using the circumstance to exert pressure for

compromise in the case filed against the informant and others by

the sister of the petitioner with regard to killing of her husband,

who is the elder brother of the informant, in which the informant

is a named accused, the petitioner and two other persons have

been falsely implicated. It was submitted that the petitioner

having no criminal antecedent is in custody since 22.02.2020.

5. Learned APP submitted that the informant has

expressed his suspicion with regard to involvement of the

petitioner. However, he did not controvert that the post-mortem

report, copy of which has been brought on record, does not

disclose any external injury and the opinion recorded is that Patna High Court CR. MISC. No.32240 of 2020 dt.15-01-2021

death occurred due to drowning.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned S.D.J.M.,

Daudnagar, Aurangabad in Khudawan PS Case No. 7 of 2020,

subject to the condition that one of the bailors shall be a close

relative of the petitioner. The petitioner shall cooperate with the

Court. Failure to cooperate shall lead to cancellation of his bail

bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T